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(영문) 의정부지방법원 고양지원 2017.09.22 2017고단1753
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2008, the Defendant received a summary order of a fine of one million won in the same crime and a fine of one million won in the same court on July 4, 2016 from the same crime and received two or more times in the same court, respectively, for the crime of violation of road traffic law (drinking) from the Jung-gu District Court's High Court's High Court's High Court's High Court's High Court's

The Defendant stated in the written indictment on May 30, 2017 as “On May 3, 2017,” but this appears to be an obvious clerical error, and thus, is corrected as above.

Around 00:26, while under the influence of alcohol level of 0.085% during blood without a driver's license, a Do, which is in the principle, such as the same Eup and Myeon, from the head of the Seocheon Middle School, which is located in the Gyeonggi Pakju Eup, Gyeonggi-do, the Do has driven approximately 1 km in front of the four restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and reflectivity, and circumstances unfavorable to the person who has no record of punishment exceeding a fine: Three times the same punishment record, and the amount of alcohol concentration in blood is not lowered;

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